FW-190's at US captured airfield (photo)

[harrison987]

Hi, Zack...

I am the seller of the Fw190 photo, and I bought a copy of it off eBay around 2 weeks ago.

Though I understand your frustration, there is most likely no legal copyright on this photo, and I copied it off the original I had given to me. When I say "original", I mean the post-war paper one that was sent to me. I looked at your link above, and the quality of the one I received is slightly different than the link you you have posted, so it is possible the original seller enhanced it (?).

Almost all photos of German aircraft lost all copyright due to the War Properties Act, which is why you constantly see the same photos being published on the internet over and over again, and in the same magazines and books.

If there is a legal copyright on this photo, it would lie ONLY in the hands of the ORIGINAL PHOTOGRAPHER (the person who took the photo). So if let's say, your grandafther is the one in the photo...if he hands his camera to a friend and says, "take a photo of me on this Fw190"...his friend who pressed the shutter button is the legal copyrioght owner. Copyright does not lie in the hands of who is in the photo, or who currently has possession of the original. And even then, what sucks is that if someone is trying to prove copyright ownership, one then has to prove "who" the original photographer is...how it was passed down, etc. with documentation. eBay will not remove anything in regards to copyright on photos as they do not have jurisdiction, nor know copyright law. They will ask you to fill out a form...fax it to them...then they contact the seller. Seller replies with a form...then they ask you to provide a Court Order and proof of a lawsuit filed, otherwise they keep the auction listed.

I can remove it as a courtesy if you wish, but no laws are being broken. Copyright Law is VERY in depth, so I will not reply again to this thread as I do not want to it to get into copyright discussion, but you are welcome to contact me off board if you wish.

Mike